# Balwinski v. City of Bay City

> Michigan Court of Appeals · June 6, 1988 · 168 Mich. App. 766

URL: https://www.frixlaw.com/law-library/cases/9687199

## Case

- **Full name:** Balwinski v. City of Bay City
- **Court:** Michigan Court of Appeals
- **Decided:** June 6, 1988
- **Citations:** 168 Mich. App. 766; 425 N.W.2d 218
- **Precedential status:** Published
- **Opinion:** Concurrence by Shepherd
- **Judges:** Cynar, Shepherd, Jasper
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9687199

## Opinion text

Shepherd, J.
(concurring). I concur in the result but I write separately since I do not believe it is necessary for us to determine that the city’s affirmative action plan is not a contract. If an affirmative action plan is adopted to address the problem of discrimination as to specific groups, employees within those groups may arguably maintain that they have a right to rely on the provisions of the plan. However, in order to establish a contract, *772 one must look at the plan and determine whether it applies in an individual case. In this case the plan as I see it applies to minorities and women. Apparently no affirmative action plan was created to apply to the classification of age. Whether this is because no pattern of discrimination against older people existed prior to the adoption of the plan is not a part of the record. Since my view of the plan is that it does not apply to the classification of age, we need not address the issue of whether failing to follow the plan is a breach of contract.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9687199. Public record. Not legal advice.